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NICHOLS v. ACH

No. 88-038.

447 N.W.2d 220 (1989)

233 Neb. 634

Maurice A. NICHOLS et al., Appellants, v. Howard F. ACH, Appellee.

Supreme Court of Nebraska.

October 27, 1989.

Attorney(s) appearing for the Case

David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellants.

Douglas Pauley, of Conway, Connolly and Pauley, P.C., Hastings, for appellee.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

FAHRNBRUCH, Justice.

Maurice A. Nichols and his three adult children appeal a Saline County District Court's summary judgment ruling that their legal malpractice lawsuit against attorney Howard F. Ach is time-barred by Nebraska's statute of limitations Neb.Rev. Stat. § 25-222 (Reissue 1985). We affirm.

Summary judgment is an extreme remedy and should be awarded only when an issue is clear beyond all doubt. A summary judgment is properly granted when the...

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